DOWNLOADING AND INSTALLING NTONYX GIGA FORMAT PRO STEREO COLLECTION CONSTITUTES
YOUR ACCEPTANCE OF THE FOLLOWING AGREEMENT.
A) GRANT OF LICENSE
The downloaded material contains a digitally-encoded machine-readable audio Giga
Format Bank(s) for use with the NemeSys Music Technology, Inc. software. NTONYX
grants to you a nontransferable, non-exclusive license to use the Giga Format
Bank on a single computer, and to modify and merge the Giga Format Bank into
another program for your use on the same single computer. Any portion of the
Giga Format Bank that is merged into another program will continue to be subject
to the terms and conditions of this Agreement. You agree that you will not
attempt, and if you are a company, you will use your best efforts to prevent
your employees and contractors from attempting, to reverse engineer, reverse
compile, or disassemble the Giga Format Bank or portion thereof except as may be
permitted by applicable copyright law. You agree that you may not copy for
distribution the materials which accompany the Giga Format Bank on this web site
without the written permission of NTONYX.
B) PROPRIETARY RIGHTS
You acknowledge that no title to the intellectual property in the Giga Format
Bank is transferred to you. You further acknowledge that title and full
ownership rights to the Giga Format Bank will remain the exclusive property of
NTONYX, and that you will not acquire any rights to the Giga Format Bank(s)
except as expressly set forth above. You agree that any copies of the Giga
Format Bank(s) will contain the same proprietary notices which appear on and in
the Giga Format Bank(s).
C) TRANSFER/DISTRIBUTION PROHIBITED
You may not sublicense or transfer the Giga Format Bank(s) to any third party
without the prior written consent of NTONYX. This Agreement expressly excludes
the right to distribute the Giga Format Bank or any portion thereof, whether
merged into another program or not. You must enter into a Giga Format Bank
Distribution Agreement with NTONYX if you wish the right to distribute the Giga
Format Bank as merged into another program.
You may not download or otherwise export or re-export the Software Bank(s) or
any underlying information or technology except in full compliance with
international copyright laws. You agree to indemnify and hold NTONYX harmless
from and against any and all liability arising from or relating to your breach
of this Section D).
E) NO LIABILITY FOR CONSEQUENTIAL DAMAGES IN NO EVENT SHALL NTONYX BE LIABLE TO
YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THIS AGREEMENT OR
USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NTONYX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
F) ENTIRE AGREEMENT
You agree that this is the entire agreement between you and NTONYX with respect
to the use of the Giga Format bank software which supersedes any prior
agreement, whether written or oral, and all other communications between the
parties relating to the subject matter of this Agreement. Should you have any
questions concerning this agreement, or if you desire to enter into a Giga
Format Bank Distribution Agreement, please